"building" includes a well, pipe line, conduit, cut, excavation, fill, transmission line and any structure or erection, and any part of any of those things, and also includes an addition to or extension of any building or any of those things and a chattel that is attached to, or installed in or on, any building or any of those things. (« bâtiment »)

"conditional use" means a use of land or a building that may be permitted under a zoning by-law. (« usage conditionnel »)

"construction" includes

(a) excavating, removing, filling and backfilling for the purpose of preparing or maintaining a site in respect of a building or a proposed building;

(b) the resident administrator of a local government district. (« conseil »)

"designated employee or officer" means an employee or officer of a planning district or municipality who is designated to carry out a power or responsibility in accordance with section 184. (« employé ou dirigeant désigné »)

"development" means

(a) the construction of a building on, over or under land;

(b) a change in the use or intensity of use of a building or land;

(c) the removal of soil or vegetation from land; and

(d) the deposit or stockpiling of soil or material on land and the excavation of land. (« mise en valeur »)

"development plan by-law" means a by-law adopting a development plan for a planning district or municipality under Part 4, and includes a development plan by-law prescribed for a special planning area under Division 3 of Part 2. (« règlement portant sur un plan de mise en valeur »)

"inland port area" means the inland port area as described in the Schedule to The CentrePort Canada Act. (« zone intermodale »)

"land" means land, messuages, tenements and hereditaments, whether corporeal and incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable, and all trees and timber thereon, and all mines, minerals, and quarries, unless specially excepted. (« bien-fonds »)

"livestock operation" means a permanent or semi-permanent facility or non-grazing area where at least 10 animal units of livestock are kept or raised either indoors or outdoors, and includes all associated manure collection facilities, but does not include an auction mart. (« exploitation de bétail »)

"public road" has the same meaning as highway under subsection 1(1) of The Highway Traffic Act. (« voie publique »)

"regulation" means a regulation made under this Act. (« règlement »)

"school building" means a school building as defined in subsection 1(1) of The Public Schools Act. (« bâtiment scolaire »)

"school division" means a school division as defined in subsection 1(1) of The Public Schools Act but does not include the francophone school division. (« division scolaire »)

"school site" means a school site as defined in subsection 1(1) of The Public Schools Act. (« emplacement scolaire »)

"secondary plan by-law" means a by-law adopting a secondary plan for a planning district or municipality under Part 4, and includes a secondary plan by-law prescribed for a special planning area under Division 3 of Part 2. (« règlement portant sur un plan secondaire »)

"sensitive land" includes

(a) land that is susceptible to flooding, permafrost, erosion or that has unstable slopes or poor drainage;

(b) areas of special significance for animal, bird or plant life, including wetlands, forests and nesting areas; and

(c) land on which any development is likely to harm ecological diversity. (« bien-fonds sensible »)

(a) the identification and analysis of land use and development issues in the region;

(b) policies and goals respecting the following matters in the region:

(i) land supply,

(ii) transportation and infrastructure development,

(iii) residential development,

(iv) protection of agricultural land and agricultural operations,

(v) commercial, industrial and recreational development,

(vi) protection of the environment, especially water sources, sensitive lands, renewable resources and areas of natural or historic significance,

(vii) co-ordination of planning and development by planning districts and municipalities in the region,

(viii) economic and social development; and

(c) the identification of services and infrastructure development in the region in which co-operation between planning districts and municipalities could result in improved service or cost effectiveness.

Consistency with provincial land use policies

5(4) A regional strategy must be generally consistent with provincial land use policies.

Assistance from minister

6 If requested, the minister may provide planning districts and municipalities with advice and technical support to prepare a regional strategy.

Public meetings

7(1) The board or council of every planning district or municipality in the region must hold one or more public meetings to obtain public input on the proposed strategy.

Consultation with minister

7(2) The minister must be consulted during the preparation of a regional strategy.

Effective date

8(1) A regional strategy comes into effect when the board or council of every planning district and municipality in the region has passed a resolution adopting the strategy.

Amendments

8(2) Amendments to a regional strategy may be made at any time. Section 7 and subsection (1) apply to any amendment.

Effect of regional strategy

9 A planning district or municipality that has adopted a regional strategy must

(a) when adopting a development plan by-law, or re-enacting, amending or replacing its development plan by-law after conducting a review of its development plan under section 59, ensure that the development plan by-law generally conforms with the regional strategy; and

(b) where practical, co-operate with other planning districts and municipalities in the region in delivering services and developing infrastructure.

City of Winnipeg

10(1) The City of Winnipeg may enter into a regional strategy with other planning districts and municipalities.

Application

10(2) If the City of Winnipeg adopts a regional strategy, this Division applies to it, with any necessary changes, to the same extent as any other municipality, and a reference to a development plan by-law in this Division includes Plan Winnipeg adopted under The City of Winnipeg Charter.

DIVISION 3

SPECIAL PLANNING AREAS

ESTABLISHMENT

Inland Port Special Planning Area

11(1) The area of the Rural Municipality of Rosser that is the inland port area is hereby established as the Inland Port Special Planning Area.

Regulations re special planning area

11(2) The Lieutenant Governor in Council may make regulations prescribing

(a) additional land within the inland port area to be included in the Inland Port Special Planning Area;

(b) any other area of the province to be a special planning area if the area has a special regional or provincial significance.

Name and boundaries

11(3) A regulation establishing a special planning area must name the area and set out its boundaries.

Consultation required

11(4) Before a regulation is made establishing a special planning area, the minister must consult with the board of every planning district and the council of every municipality whose area includes land that is proposed to come within the special planning area.

(a) may, by a regulation made under clause (5)(a), adopt the development plan by-law, zoning by-law and all other by-laws respecting land use in a special planning area; and

(b) is responsible for the administration and enforcement of those by-laws.

No overlapping by-laws

12(2) Once an area is included in a special planning area, any development plan by-law, zoning by-law or other by-law respecting land use that was adopted by a board or council ceases to apply to land in the area.

Jurisdiction that remains unchanged

12(3) Land within a special planning area remains subject to the jurisdiction of the applicable municipality, or the planning district whose membership includes the municipality, in respect of

(a) building by-laws and by-laws dealing with minimum standards of maintenance and occupancy of buildings; and

(a) the minister is the approving authority for the subdivision of land in a special planning area; and

(b) regulations made under section 146 (subdivision regulations) do not apply to a special planning area.

Regulations for land use in a special planning area

12(5) The minister may make regulations respecting land use planning for special planning areas, including regulations

(a) adopting a development plan by-law, one or more secondary plan by-laws and a zoning by-law for a special planning area;

(b) respecting the process to be followed in making, reviewing or repealing a by-law adopted under clause (a), including the process to be followed if there is an objection;

(c) respecting the making of applications to amend a development plan by-law, a secondary plan by-law or a zoning by-law, including who is eligible to make such an application, and the process to be followed in considering applications and approving, refusing or rejecting applications;

(d) providing for the consideration and determination of applications for variances and conditional uses in respect of a zoning by-law for a special planning area;

(e) respecting appeals of decisions made in respect of the matters described in clause (c) or (d), including designating a special planning authority, the Municipal Board or another entity to hear and decide the appeal;

(f) respecting the form and manner in which an appeal must be made, the time within which an appeal must be made and the consequences of not making an appeal in accordance with the regulations;

(g) respecting the issuance of zoning memoranda in respect of zoning in a special planning area;

(h) respecting the approval of the subdivision of land, and the cancellation of plans of subdivision, in a special planning area, including the making of subdivision applications and the process to be followed in considering subdivision applications and approving, refusing or rejecting subdivision applications;

(i) respecting conditions that may be imposed on an approval, including who may impose conditions;

(j) respecting the terms and conditions that may be included in development agreements entered into with the government;

(k) respecting notice to be given in respect of land use matters within a special planning area, including who must give notice, the manner in which notices are to be given and when, and to whom, notice must be given;

(l) prescribing fees, costs and other amounts charged or payable in respect of land use matters within the area, or the manner of calculating them;

(m) requiring the payment, and permitting the waiver and refund, of fees, costs and other amounts;

(n) respecting provisions of this Act that, in regard to land in a special planning area, remain within the jurisdiction of a planning district or municipality;

(o) respecting the application, addition, change or substitution of a provision of this or another Act to a special planning area;

(p) respecting transitional matters when land in an area of a planning district or municipality is prescribed to be in a special planning area;

(q) respecting any other matter the minister considers necessary or advisable for effective and efficient land use planning in a special planning area.

Regulations may authorize different process for minor matters

12(6) A regulation under subsection (5) may provide a different process for considering and approving a minor subdivision of land or a minor amendment to the development plan by-law, a secondary plan by-law or zoning by-law for correcting an error or omission in such a by-law.

12.2(1) The mandate of a special planning authority is, in respect of its special planning area,

(a) to hold hearings to consider

(i) the adoption of, or an amendment to, a development plan by-law, a secondary plan by-law or a zoning by-law,

(ii) subdivision applications, if the proposed subdivision will result in the creation of a new public road, and

(iii) the declaration of an obsolete plan of subdivision;

(b) to hear and decide appeals respecting applications for variances and for conditional uses referred to the authority in accordance with the regulations;

(c) to advise and assist the minister on matters affecting land use planning within the area; and

(d) to perform any other duties assigned to it by the minister.

Report to minister

12.2(2) After holding a hearing on a matter set out in clause (1)(a), the special planning authority must provide the minister with a report on the hearing that includes the minutes of the hearing, the record of all representations made at the hearing and its recommendations on the matter considered at the hearing.

Decision not subject to appeal

12.2(3) A decision of a special planning authority on an appeal of a variance or a conditional use is final and not subject to further appeal.

Assistance from minister

12.2(4) If requested, the minister may provide a special planning authority with advice and technical support to assist it in carrying out its mandate.

Authority is to act in accordance with regulations

12.2(5) In carrying out its mandate, a special planning authority is to act in accordance with the regulations.

12.3(1) A special planning authority other than the Inland Port Special Planning Authority must consist of at least three members appointed by the Lieutenant Governor in Council, and they may or may not be members of a board or council.

Reader's aid

12.3(2) The composition of the Inland Port Special Planning Authority is found in section 12.9.

12.4(1) The term of office for a member of a special planning authority is three years, unless the order appointing the member provides for a shorter term.

Term continues

12.4(2) A member whose term expires continues to hold office until re-appointed or until a successor is appointed.

Limit

12.4(3) A person may not serve as a member of a special planning authority for more than ten consecutive years, and a period of one year must elapse following the end of that period before the person is again eligible to become a member.

Vacancy does not impair the authority's powers

12.4(4) A vacancy in the membership of a special planning authority does not impair the capacity of the remaining members of the authority to act.

12.7(1) A special planning authority may make rules governing its conduct of public hearings and other proceedings that are not inconsistent with the regulations, and which may include consequences for failing to comply with the rules.

Publication of rules

12.7(2) A special planning authority must make its rules publicly available.

12.11(1) If a representative of the Rural Municipality of Rosser, The City of Winnipeg, CentrePort Canada Inc. or Winnipeg Airports Authority Inc. ceases to be a member, the applicable entity must, on request of the minister, nominate a representative to fill the vacancy.

Failure to nominate

12.11(2) If, within 90 days after the minister makes a request under subsection (1), the entity fails to nominate a representative acceptable to the minister, the Lieutenant Governor in Council may appoint a representative recommended by the minister to represent the entity.

12.12(1) The members of the Inland Port Special Planning Authority must develop, in consultation with the minister, a conflict of interest policy for the members of the authority.

Members may participate in hearings

12.12(2) Subject to the authority's conflict of interest policy, a member of the authority who has prior knowledge of, or represents a person or entity that has or is interested in, a matter before the authority may participate in a hearing held by the authority in respect of the matter.

Application

12.12(3) For certainty, a proceeding before the authority is a meeting within the meaning of subsection 5(2) of The Municipal Council Conflict of Interest Act.

12.13(1) As a condition of amending a development plan by-law or zoning by-law, making a variance order or approving a conditional use in respect of a special planning area, the minister may require the owner of the affected property to enter into a development agreement with the planning district or municipality in respect of the affected property and any contiguous land owned or leased by the owner.

Decisions of planning authorities re development agreements

12.13(2) Subject to the regulations, a special planning authority that hears an appeal concerning an application for a variance or conditional use may impose a requirement that a development agreement be entered into, or vary or revoke such a condition.

Content of development agreements

12.13(3) When a development agreement is required to be entered into under this section, the board or council may require that the agreement deal with one or more of the matters set out in section 150.

Subdivision approvals — public reserves

12.13(4 ) For certainty, land dedicated for public reserve purposes or for school purposes under section 135, item 6(b) or (c), must be registered in the name of the applicable municipality, school division or school district in which the land is located.

12.14(1) In accordance with the regulations, if a development in a special planning area that is authorized by the permit or approval has not begun before a regulation is made under this Division prohibiting the issuance of the permit or approval, the minister may

(a) cancel the permit or approval, if the permit or approval was issued by the minister; or

(b) if the permit or approval was issued by a board, council or special planning authority, direct the board, council or special planning authority to cancel it.

Compliance with direction

12.14(2) A board, council or special planning authority must comply with a direction received under clause (1)(b) as soon as practicable.

Withholding development permits

12.14(3) In accordance with the regulations, the minister may direct a board or council to withhold issuing a development permit in respect of a proposed development in a special planning area.

Minister responsible for expenses, etc.

12.14(4) The minister may exercise the powers and is subject to the obligations of a planning district or municipality under subsections 88(2) to (4) and 148(6) when he or she makes a direction under this section.

12.15(1) The minister may designate a person for the purpose of enforcing

(a) by-laws adopted under this Part respecting a special planning area; and

(b) the terms and conditions of permits, approvals and orders made or issued under this Part respecting a special planning area.

Who may be designated

12.15(2) A person designated under subsection (1) may be an employee of the government or — with the consent of a planning district or municipality — an employee or officer of the planning district or municipality.

Powers and duties

12.15(3) A person designated under this section has the same powers and responsibilities in relation to the special planning area as a designated employee or officer has under Part 12 in relation to a planning district or municipality.

Role of minister

12.15(4) The minister has the same authority in relation to a special planning area as the board or council has in relation to a planning district or municipality under Part 12.

12.16(1) A regulation made respecting a special planning area may include a requirement that specified land use matters be referred or appealed to the Municipal Board, and may require the Municipal Board within the prescribed time to

(a) hold a hearing on a specified matter and report to the minister; or

(b) hear and decide the appeal, if a specified matter relates to an appeal.

Notice of decision

12.16(2) The Municipal Board must send a copy of its report or decision to the minister, and to every person who made a representation at the hearing held under subsection (1).

Decision not subject to appeal

12.16(3) A decision of the Municipal Board on an appeal is final and not subject to further appeal.

13 Subject to this Part, the council of a municipality is responsible for the adoption, administration and enforcement of the development plan by-law, zoning by-law and all other by-laws respecting land use and development for the municipality.

DIVISION 2

PLANNING DISTRICTS

ROLE

Role of planning districts

14 When a planning district is established, its board is responsible for

(a) the adoption, administration and enforcement of the development plan by-law for the entire district;

(b) the administration and enforcement of

(i) the zoning by-laws of its member municipalities, or the district's own zoning by-law if it has adopted a district-wide zoning by-law under section 69,

(ii) any secondary plan by-law in force in the district,

(iii) the building by-laws of its member municipalities, and

(iv) the by-laws of its member municipalities dealing with minimum standards of maintenance and occupancy of buildings.

Agreements

15(1) The board of a planning district may enter into any agreement necessary to enable it to carry out and exercise its duties and powers under this Act, including without limitation,

(a) an agreement with any person respecting the development of land in the district;

(b) an agreement with a member municipality, the government, an agency of the government or any other person to develop and maintain

(i) transportation systems, utilities or recreational facilities for the use of member municipalities, or

(b) the date when the planning district will begin to carry out and exercise its duties and powers under this Act.

STRUCTURE AND ADMINISTRATION

Corporate status

18(1) A planning district is a corporation and, subject to this Act, has all the rights, powers and privileges of a natural person for the purpose of carrying out and exercising its duties and powers under this Act.

Corporation without share capital

18(2) A planning district must operate exclusively as a corporation without share capital.

Applicability of Corporations Act

18(3) Except as otherwise provided in this Act, The Corporations Act does not apply to a planning district.

Board to manage affairs

19(1) The management and affairs of a planning district must be directed by a board of directors consisting of councillors appointed by each member municipality in accordance with the requirements of the organizational by-law.

Minimum representation

19(2) The board of directors of a planning district must include at least one director from each member municipality.

Member from L.G.D.

19(3) In the case of a local government district, the director must be the resident administrator of the district, or a person appointed in writing by the resident administrator.

(a) a by-law establishing the fees and charges to be paid for services provided by the district, including licences, permits, certificates and other approvals and documents issued by the district; and

(b) other by-laws, not inconsistent with this Act, that may be necessary to carry out and exercise its duties and powers under this Act.

Financial contributions

22(1) The member municipalities of a planning district must agree on the proportion of funding, if any, that each municipality must contribute to meet the expenses of the district.

Annual report

22(2) The board of a planning district must prepare and submit to each member municipality an annual report of its activities and an operating budget for the next year, on or before a date agreed on by the member municipalities.

(a) agree on a process to resolve disputes about the operation of the district; and

(b) use that process to attempt to resolve any dispute involving the operation of the district.

Employees

24 The board of a planning district may appoint or employ any persons that it considers necessary to carry out and exercise its duties and powers under this Act.

CHANGES TO PLANNING DISTRICTS

Change in Name

Application for name change

25(1) The board of a planning district may apply to the minister to change the name of the planning district.

Name change

25(2) The minister may, after consulting with the member municipalities of the district, change the name of the district. The minister must amend the regulation establishing the planning district to reflect the name change.

Liability unchanged

25(3) A planning district that has its name changed continues as a corporation under the new name. The change in name does not affect any obligation, liability or right of action of the district existing at the time of the change.

Alteration, Dissolution and Amalgamation

Application for alteration or dissolution

26(1) The board of a planning district or the council of a member municipality may apply to the minister to

(a) change the boundaries of the district; or

(b) dissolve the district.

Application for amalgamation

26(2) The boards of two or more existing planning districts may apply to the minister to amalgamate into a new planning district.

Requirements for adding municipality

27(1) If the application seeks to add a municipality to a planning district, the council of the municipality that is proposed to be added to the district must, before the application is made,

(a) have passed a resolution in support of joining the district; and

(b) have held a public hearing to receive representations on joining the planning district, after giving notice of the hearing in accordance with section 168.

Requirements for dissolution or removal

27(2) If the application seeks to dissolve a planning district or change the boundaries of the district to remove a municipality from the district, the applicant must, before making the application,

(a) have held a public hearing to receive representations on the application, including its financial and service delivery implications, after giving notice of the hearing in accordance with section 168; and

(b) provide the minister with a report setting out the reasons for the application and the results of the hearing held under clause (a).

Requirements for amalgamation

27(3) If the application seeks to amalgamate two or more existing planning districts, the board of each district must, before the application is made,

(a) have passed a resolution in support of the proposed amalgamation; and

(b) have held a public hearing to receive representations on the proposed amalgamation, after giving notice of the hearing in accordance with section 168.

Referral to Municipal Board

28(1) The minister may refer an application under section 26 to the Municipal Board.

Consultation and hearing

28(2) Upon receiving the application, the Municipal Board must hold a public hearing to receive representations on the application, including its financial and service delivery implications, after giving notice of the hearing in accordance with section 168.

Recommendation to minister

28(3) After holding the hearing, the Municipal Board must make a recommendation to the minister on the application.

Decision

Decision

29(1) After considering the application, and the recommendations of the Municipal Board if the application was referred to it under section 28, the minister may

(a) change the boundaries of a planning district;

(b) dissolve a planning district; or

(c) amalgamate two or more existing planning districts into a new planning district.

Amendments to regulation

29(2) The minister must amend the regulation establishing planning districts to reflect a decision made under subsection (1).

Distribution of assets and liabilities

29(3) If the minister dissolves a planning district or changes the boundaries of a planning district to allow a municipality to withdraw from the district, the minister may also determine the manner in which the assets and liabilities of the district are to be distributed or allocated.

Result of amalgamation

29(4) If the minister amalgamates two or more existing planning districts into a new planning district,

(a) section 180 of The Corporations Act applies, with necessary changes, to the new district; and

(b) the minister must appoint the first directors of the new district in accordance with section 20.

Development plan continues to apply

30(1) After a planning district is dissolved or a municipality withdraws from a planning district, the development plan by-law of the district

(a) continues to apply, with necessary changes, to the remaining municipalities in the district; and

(b) is deemed to be the development plan by-law, with necessary changes, for a municipality that is no longer part of the district, until the municipality adopts its own development plan by-law.

When municipal development plan applies

30(2) If a municipality becomes part of a planning district after adopting its own development plan by-law, that by-law continues to apply to the municipality until the planning district amends its development plan by-law to cover that municipality.

(b) at least 14 days before the hearing, send notice of the hearing to

(i) the appellant and the applicant, and

(ii) every person who made a representation at the planning commission's hearing on the application.

Who may not hear appeal

35(3) A member of the board or council who took part in the decision under appeal as a member of the planning commission may not hear the appeal.

Quorum not lost

35(4) A majority of the members of the board or council constitutes a quorum for hearing the appeal, but if one or more members are disqualified from hearing the appeal under subsection (3), quorum is not lost as long as at least two members hear the appeal.

New hearing

35(5) The appeal of the decision of the planning commission is a new hearing and the board or council may make any decision with respect to the matter under appeal that could have been made at the original hearing of the application.

Hearings

Hearings by planning commission

36(1) The board of a planning district or the council of a municipality may, by by-law, assign responsibility for holding a hearing to consider any of the following matters to its planning commission:

(a) the adoption of a zoning by-law or secondary plan by-law under subsection 74(1);

(b) subdivision applications under subsection 125(2);

(c) a by-law to close public reserve land under subsection 139(2);

(d) the declaration of an obsolete plan of subdivision under subsection 144(3).

Report to board or council

36(2) After holding a hearing on a matter set out in subsection (1), the planning commission must provide the board or council with a report on the hearing, that includes

45 A board or council must adopt a development plan for the planning district or municipality by by-law.

Public hearing

46(1) Between first and second reading of the development plan by-law, the board or council must hold a public hearing to receive representations from any person on the proposed development plan, and give notice of the hearing in accordance with section 168.

(a) if it determines that the proposed development plan does not require alteration or requires only a minor alteration that does not change the intent of the plan, make any required alteration and give the by-law second reading;

(b) if it determines that the proposed development plan requires a major alteration that changes the intent of the plan,

(i) make the required alteration,

(ii) hold another public hearing in accordance with subsection (1) to receive representations on the alterations to the plan, and

(iii) give the altered by-law second reading or pass a resolution not to proceed with the by-law; or

(c) pass a resolution not to proceed with the by-law.

Notice of resolution not to proceed

46(3) If the board or council passes a resolution not to proceed with the by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection (1).

Submission to minister

47(1) As soon as practicable after the development plan by-law is given second reading, the board or council must submit the by-law to the minister for approval.

48 As soon as practicable after submitting the development plan by-law to the minister for approval, the board or council must send a notice to every person who objected to the by-law at the hearing held under subsection 46(1) stating that

(a) second reading was given to the by-law;

(b) the by-law has been submitted to the minister for approval; and

(c) any person who made an objection at the hearing may file an objection with the minister that sets out the reasons for his or her objection, within 14 days after the notice is given.

49 Before deciding whether to approve the development plan by-law, the minister may refer an objection to the by-law filed under clause 48(c) or a specific question or issue about the by-law to the Municipal Board.

Municipal Board hearing

50(1) If the minister makes a referral under section 49, the Municipal Board must

(a) hold a public hearing to receive representations from any person on the objection, question or issue referred to it; and

(b) at least 14 days before the hearing, send notice of the hearing to

(i) the minister,

(ii) the board or council involved,

(iii) every person who made a representation at the hearing held under subsection 46(1), and

(iv) any other person it considers appropriate.

Report to minister

50(2) Within 30 days after holding the hearing, the Municipal Board must submit a report to minister setting out its recommendations on the objection, question or issue referred to it.

54 Once adopted, a development plan by-law is binding on all persons and is not subject to appeal.

Resolution not to proceed

55 If the board or council decides not to proceed with a development plan by-law that was approved by the minister under clause 51(1)(a) or (b), the board or council must pass a resolution not to proceed and send a copy of it to

(a) the minister;

(b) every person who made a representation at the hearing held under subsection 46(1); and

(c) every person who made a representation at the Municipal Board hearing, if one was held.

(b) by the owner of the affected property, or a person authorized in writing by the owner, through an application made to the board or council.

Application by owner may be refused

56(2) An application for an amendment to a development plan by-law under clause (1)(b) may be refused if, in the opinion of the board or council,

(a) it is without merit; or

(b) it is the same as or substantially similar to an earlier application that was refused within one year before the day when the new application is made.

Amendment process

57 Sections 46 to 55 apply to amendments to a development plan by-law, with any necessary changes.

Exception for minor amendments

58(1) A board or council may apply to the minister to make a minor amendment to the development plan by-law, or amend the by-law to correct an error or omission, without complying with section 57. The application must include a copy of the proposed amendment.

Decision

58(2) The minister may give the board or council written authorization to amend the development plan by-law without giving public notice, holding a hearing or submitting the amendment to the minister for approval, subject to any conditions set out in the authorization,if the minister is satisfied that

(a) the proposed amendment is a minor one that does not change the intent of the development plan; or

(b) the proposed amendment is required to correct an error or omission.

Periodic review

59(1) A board or council must complete a detailed review of its development plan

(a) on or before the deadline set out in the development plan; or

(b) if the development plan does not contain a deadline for review, within five years after the development plan by-law is adopted.

Minister's order for review

59(2) The minister may, by written order, require a board or council to complete a detailed review of its development plan on or before the date specified in the order, or such later date as the minister may by further order allow.

(a.1) the consultations with a school board, as required under section 44; and

(b) public consultations.

By-law to be re-enacted or replaced

59(4) Upon completion of the review, the board or council must re-enact the development plan by-law or repeal and replace it with a new development plan by-law, in accordance with the process set out in sections 46 to 55.

60 After consulting with a board or council, the minister may order it to adopt a development plan or amend the development plan by-law of the planning district or municipality within a time specified in the order.

Minister may amend or replace by-law

61(1) The minister may prepare a development plan by-law or an amendment to the development plan by-law of a planning district or municipality if the board or council

(a) fails to comply with an order under section 60; or

(b) fails to conduct a review of its development plan as required under section 59;

and submit the amendment or new by-law to the Lieutenant Governor in Council for approval.

Referral to Municipal Board

61(2) Before submitting the amendment or new by-law for approval, the minister may refer it to the Municipal Board for a hearing in accordance with section 50. After receiving the recommendations of the Municipal Board, the minister may make alterations to the amendment or new by-law.

Approval by Order in Council

61(3) The Lieutenant Governor in Council may, by order, approve the amendment or by-law submitted by the minister. This order has the effect of enacting the development plan by-law or amending the existing development plan by-law as if it were enacted or amended by the board or council under this Division.

APPLICATION OF PROVINCIAL LAND USE POLICIES

Policies do not apply

62(1) Subject to subsection (2), provincial land use policies no longer apply to a planning district or municipality that has adopted a development plan by-law.

Policies apply to amendments and review

62(2) An amendment to a development plan by-law and the re-enactment or replacement of a development plan by-law under subsection 59(4) must be generally consistent with provincial land use policies.

APPLICATION OF WATER STATUTES

Consideration of water statutes

62.1 When preparing a development plan or amending or re-enacting a development plan by-law, a board or council must consider the application of the following insofar as they relate to land within the planning district or municipality:

(a) any regulation made under section 5 of The Water Protection Act governing, regulating or prohibiting any use, activity or thing in a water quality management zone designated under that Act;

(a.1) any aquifer management plan approved under The Groundwater and Water Well Act;

(b) any watershed management plan approved under The Water Protection Act.

62.2(1) When preparing a development plan or amending or re-enacting a development plan by-law, the following bodies must also prepare drinking water and wastewater management plans and submit them to the minister:

(a) the board of a planning district that includes, within its boundaries, a municipality in the capital region;

(b) the council of a municipality in the capital region, if the municipality is not a member of a planning district;

(c) a board or council that is required to do so by the minister under subsection (2).

Minister's order for plans to be prepared

62.2(2) The minister may, if in his or her opinion the circumstances warrant, require the council of a municipality that is outside the capital region, or the board of a planning district that includes such a municipality within its boundaries, to prepare drinking water and wastewater management plans and submit them to the minister.

(a) provide the analysis undertaken to confirm if the existing drinking water and wastewater services have sufficient capacity to accommodate any projected development set out in the development plan; and

(b) set out the ways in which the planning district or municipality will ensure that, in the provision of drinking water and wastewater services,

(i) health and safety will be protected,

(ii) the environment will be protected,

(iii) the capacity and sustainability of the sources of water on which the services rely will not be exceeded, and

63(1) A board or council may, by by-law, adopt a secondary plan to deal with objectives and issues within its scope of authority in a part of the planning district or municipality, including, without limitation, any matter

(a) dealt with in the development plan by-law;

(b) dealing with subdivision, design, road patterns, building standards or other land use and development matters; or

(c) respecting economic development or the enhancement or special protection of heritage resources or sensitive lands.

Consistency with development plan by-law

63(2) A secondary plan by-law must be consistent with the development plan by-law.

Adoption process

64 A secondary plan by-law is subject to the same hearing and approval process required to adopt a zoning by-law under Part 5.

DIVISION 3

GENERAL

Compliance with plans

65 The adoption of a development plan by-law or a secondary plan by-law does not require the board or council, any person, or any department or agency of the government to undertake a proposal contained in the by-law. However, undertakings and development in the planning district or municipality must be generally consistent with the development plan by-law and any applicable secondary plan by-law.

Acquisition and disposal of land

66 In order to implement any part of a development plan by-law or secondary plan by-law, a planning district or municipality may acquire land by gift, purchase or expropriation under The Expropriation Act. The land may be sold, leased or otherwise disposed of by the district or municipality if it is no longer required.

Revoking development plan by-law

67 When a planning district adopts a development plan by-law, any development plan by-law adopted by a member municipality is revoked.

PART 5

ZONING BY-LAWS

REQUIREMENTS

Zoning by-law required

68 Unless the municipality is part of a planning district that has adopted a district-wide zoning by-law under section 69, a municipal council must adopt a zoning by-law that is generally consistent with the development plan by-law and any secondary plan by-law in effect in the municipality.

District-wide zoning by-law

69(1) The board of a planning district may adopt a zoning by-law that applies to the entire district if the council of every municipality in the district passes a resolution in favour of a district-wide zoning by-law.

Effect on municipal zoning by-law

69(2) If a district wide zoning by-law is adopted by the board of a planning district, the zoning by-law of a member municipality is revoked.

(b) prescribe permitted and conditional uses for land and buildings in each zone; and

(c) set out the procedure for applying for, and issuing development permits, non-conforming certificates, zoning memoranda and other similar documents, including the classes of minor development, if any, that do not require a development permit.

General development requirements

71(2) A zoning by-law must prescribe general development requirements for each zone having regard to any permitted or conditional use for the zone, and in prescribing those requirements, the board or council must consider

(a) the development plan by-law and any secondary plan by-law;

(b) the character of the zone;

(c) the nature of the existing or proposed uses of land and buildings in the zone; and

(d) the suitability of the zone for particular uses.

Contents of zoning by-law

71(3) Without limiting the generality of subsection (2), a zoning by-law may contain provisions prohibiting or regulating any of the following:

(w) the construction, location or placement of a building on sensitive land;

(x) the construction of a building within a specified distance of a water body or groundwater source.

Power to prohibit includes power to permit

71(4) The power to prohibit or regulate any land use or development in a zoning by-law includes the power to permit that land use or development.

Zoning for affordable housing

71(5) A zoning by-law for a new residential development may require that a specified percentage of the dwelling units within the development offer affordable housing to low and moderate income households.

"Affordable housing" to be defined

71(6) A requirement under subsection (5) may be imposed only if a definition of "affordable housing", or the manner for determining if housing is affordable housing, is prescribed in the by-law.

Incentive zoning

71(7) A zoning by-law may allow for the modification of specified development requirements, including increased density of dwelling units, if a development provides the public benefits prescribed in the by-law, such as affordable housing.

72.1(1) For a livestock operation, an authorized change to an existing farm building that houses livestock is deemed not to be a failure to comply with, or a change to a condition imposed on, the approval of a conditional use, an intensification of a use, a new use or new construction under this Act or any zoning by-law.

Meaning of "authorized change"

72.1(2) In subsection (1), "authorized change", in relation to an existing farm building, means the replacement, or an alteration or expansion, of the building that does not result in an increase in the original number of animal units capable of being handled by the livestock operation by more than 15%.

Use of existing building during construction

72.1(3) An existing farm building that is to be replaced by a new farm building, as permitted under this section, may continue to be used while the replacement building is being constructed, but may not be used to house livestock once the replacement building is substantially complete.

Limitation re non-conforming buildings and uses

72.1(4) This section does not apply to an existing farm building or use of land that does not conform with the applicable zoning by-law.

73.1(1) In this section, "eligible person" means a person who would be eligible, if a general election were held under The Municipal Councils and School Boards Elections Act on the day the objection was made, to vote at an election of members of

(a) the council of the municipality, in the case of a zoning by-law of a municipality; or

(b) the council of a member municipality, in the case of a district-wide zoning by-law.

Sufficient objections re adopting a zoning by-law

73.1(2) To be sufficient for the purposes of sections 74 to 79 (adoption of a zoning by-law), objections must be received from at least 25 eligible persons.

Sufficient objections re amending a zoning by-law

73.1(3) To be sufficient for the purposes of applying sections 74 to 79 to a proposed amendment to a zoning by-law, objections must be received from at least

(a) 25 eligible persons; or

(b) 50% of the total number of owners of property located within 100 metres of the affected property.

Objections on owner's behalf

73.1(4) A person who is authorized in writing by an owner described in clause (3)(b) may make an objection on the owner's behalf.

74(1) Between first and second reading of a zoning by-law, a board, council or planning commission must hold a public hearing to receive representations from any person on the by-law, and give notice of the hearing in accordance with section 168.

Alteration to zoning by-law

74(2) If, after the public hearing, the board or council proposes to alter the by-law, a second public hearing must be held in accordance with subsection (1) to receive representations on the alterations to the by-law.

No hearing for minor alteration

74(3) A second public hearing is not required if the alteration is a minor one that does not change the intent of the by-law.

Adoption if objections not sufficient

75 Unless there are sufficient objections to the zoning by-law at the hearing held under subsection 74(1), the board or council may

77(3) If the board or council gives the by-law second reading, it must, as soon as practicable after second reading, send the notice described in section 76(3) to every person who objected to the by-law.

Actions if second objections are not sufficient

77(4) If the board or council does not receive sufficient objections by the deadline set out in the notice under subsection (3), it may

(a) give the by-law third reading; or

(b) pass a resolution not to proceed with the by-law.

Referring objections

77(5) If the board or council receives sufficient objections by the deadline set out in the notice under subsection (3), it must refer the objections to

(a) the Municipal Board, in the case of a planning district or a municipality that is not part of a planning district; or

(b) the board of the municipality's planning district, in the case of a municipality that is part of a planning district.

Requirement for third reading

77(6) If the board or council refers an objection under subsection (5), it must not give the by-law third reading unless

(a) the Municipal Board or the board of the planning district makes an order under clause (8)(a), confirming the parts of the by-law that were the subject of the objection; or

(b) it complies with an order of the Municipal Board or the board of the planning district under clause (8)(b) (alteration of by-law).

Hearing

77(7) Upon receiving an objection referred to it under subsection (5), the Municipal Board or the board of the planning district must

(a) hold a public hearing to receive representations from any person on the objection; and

(b) at least 14 days before the hearing, send notice of the hearing to

(i) the applicant,

(ii) the board or council that referred the objection,

(iii) every person who made a representation at the hearing held under subsection 74(1), and

(iv) any other person it considers appropriate.

Order

77(8) Subject to subsection (10), within 30 days after holding the hearing, the Municipal Board or the board of the planning district must make an order

(a) confirming or refusing to confirm any part of the by-law that was the subject of the objection; or

(b) directing the board or council to alter the by-law in the manner it specifies to address any representations on the objection made at the hearing.

The order may be subject to any terms or conditions the Municipal Board or the board considers advisable.

Notice of decision

77(9) The Municipal Board or the board of the planning district must send a copy of its order to the board or council that referred the objection, and to every person who made a representation at the hearing held under subsection (7).

Delayed decision

77(10) If the minister is reviewing a development plan by-law or an amendment to a development plan by-law at the same time as an objection to a zoning by-law for the same area is being considered under this section, the Municipal Board or the board of a planning district may delay making an order until the minister has made his or her decision.

Order not subject to appeal

77(11) The order of the Municipal Board or the board of the planning district is final and not subject to appeal.

78(1) Despite sections 76 and 77, an objection to a zoning by-law received from any of the following must be referred to the Municipal Board and dealt with in accordance with the procedure set out in subsections 77(6) to (11):

(a) the minister;

(b) the board of a planning district;

(c) the council of a municipality;

(d) the Government of Canada.

Transfer of objections

78(2) When an objection is referred to the Municipal Board under subsection (1), any other objection to the by-law must also be referred to the Municipal Board.

79(1) As soon as practicable after a board or council adopts a zoning by-law, it must

(a) send a copy of the by-law to the minister; and

(b) send a notice stating that the by-law was adopted to every person who made a representation at the hearing held under subsection 74(1).

Notice of resolution not to proceed

79(2) As soon as practicable after a board or council passes a resolution not to proceed with a zoning by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection 74(1).

81 As a condition of making an amendment to a zoning by-law, the board or council may require the owner of the affected property to enter into a development agreement under section 150.

Exception for minor amendments

82(1) A board or council may apply to the minister to make a minor amendment to a zoning by-law, or to amend the by-law to correct an error or omission, without complying with subsection 80(3). The application must include a copy of the proposed amendment.

Decision

82(2) The minister may give the board or council written authorization to amend the zoning by-law without giving public notice or holding a hearing, subject to any conditions set out in the authorization, if the minister is satisfied that

(a) the proposed amendment is a minor one that does not change the intent of the by-law; or

(b) the proposed amendment is required to correct an error or omission.

GENERAL PROVISIONS

Quashing of by-law

83 After a zoning by-law has been given third reading, it is deemed to have been within the power of the board or council to enact, and any proceeding to quash the by-law must be taken in accordance with Division 1 of Part 12 of The Municipal Act.

Effect of zoning by-law on caveats

84(1) A zoning by-law does not rescind or affect the right of any person to enforce a restriction, interest or covenant affecting land if the restriction, interest or covenant is registered against the land in the land titles office.

Development scheme is a restriction

84(2) For greater certainty, a development scheme registered under section 76.2 of The Real Property Act is a restriction for the purpose of subsection (1).

85 A person with an interest in a building, parcel of land or operation involving the use of land may apply to the planning district or municipality for a zoning memorandum that states whether or not the building, parcel, use, or intensity of use appears to conform with the zoning by-law.

NON-CONFORMING USES

Continuance of lawfully existing non-conformities

86(1) Subject to sections 88 to 91, the enactment of a new zoning by-law does not affect any of the following that lawfully existed before the enactment of the new zoning by-law:

(a) a building;

(b) a parcel of land;

(c) the use of land, or the intensity of a use of land.

What constitutes existing building

86(2) Subsection (1) applies to a building if, on the date the zoning by-law is enacted,

(a) the building is lawfully under construction; or

(b) a permit for its construction is in force and effect, and construction of the building is started by the deadline set out in the permit.

What constitutes existing parcel

86(3) Subsection (1) applies to a parcel of land if, on the date the zoning by-law is enacted, a conditional approval for subdivision of the land has been issued by the approving authority under subsection 126 and the subdivision is registered in the land titles office by the deadline set out in the approval.

What constitutes existing use

86(4) Subsection (1) applies to a use of land, or the intensity of a use of land, if, on the date the zoning by-law is enacted, a permit or approval has been issued by the planning district or municipality authorizing the use of land or the intensity of the use of land.

Certificate of non-conformity

87 A person with an interest in a building, a parcel of land or an operation involving a use of land that does not comply with a zoning by-law may apply to the planning district or municipality for a certificate confirming that the building, parcel, use of land, or intensity of use was lawfully in existence before the enactment of the zoning by-law. The certificate is conclusive evidence of the facts stated in it.

Cancellation of permits

88(1) A board or council may cancel a permit or approval issued under this Act if the development authorized by the permit or approval has not begun before the passing of a zoning by-law that prohibits the issuance of the permit or approval.

Agreement on expenses

88(2) If a permit or approval is cancelled under subsection (1), the planning district or municipality must pay the holder of the permit or approval such expenses for preparation of plans and any promotion in respect of the development for which the permit or approval was issued as may be agreed upon with the district or municipality.

Arbitration if no agreement

88(3) If no agreement can be reached under subsection (2), the holder of the permit or approval may require the planning district or municipality to submit the claim to arbitration by serving a written notice to that effect on the district or municipality.

Conduct of arbitration

88(4) An arbitration of a claim under subsection (3) must be conducted by an arbitrator appointed under The Arbitration Act by the parties or, if they are unable to agree on an arbitrator, by an arbitrator appointed by the minister.

Limits on construction

89(1) Construction may be carried out in respect of an existing building that does not conform with a zoning by-law if the construction

(a) does not increase the non-conformity; and

(b) otherwise conforms with the zoning by-law, other by-laws and any variance approved under this Part.

(a) a building that does not conform with a zoning by-law is damaged or destroyed; and

(b) the board or council determines that the cost of repairing or rebuilding the building is more than 50% of the cost of constructing an equivalent new building, or such greater percentage as may be specified in the zoning by-law;

the building must not be repaired or rebuilt except in conformity with the zoning by-law and any variance approved under this Part.

No increase or change in non-conforming use

90(1) If the existing use of a building or land does not conform with a zoning by-law, that use may not be intensified or changed to another non-conforming use.

Non-conforming parcels

90(2) If the size or dimensions of an existing parcel of land do not conform with a zoning by-law, the owner of the land may

(a) use the land for any use permitted under the by-law; and

(b) if all other requirements of the by-law such as yards, building height, and floor area are met, construct or alter a building on the land.

(a) the use of land, or the intensity of the use of land, does not conform with a zoning by-law; and

(b) the non-conforming use, or non-conforming intensity of use, has been discontinued for more than 12 consecutive months;

the land must not be used after that time except in conformity with the zoning by-law.

Effect of change of ownership on use

91(2) A change of owners, tenants or occupants of land is not in itself a change of use of land for the purpose of subsection (1).

Non-conformity may be altered by variance

92(1) The board or council may, on application by the owner, or a person authorized in writing by the owner, make a variance order authorizing

(a) construction on a non-conforming building beyond that permitted under subsection 89(1);

(b) an increase in the intensity of an existing non-conforming use, other than a variance to increase the number of animal units in a non-conforming livestock operation;

(c) the repair or rebuilding of a non-conforming building that has sustained more damage than permitted under subsection 89(2); or

(d) the extension of the 12-month time limit under subsection 91(1) for not more than 12 additional months.

Variation procedure applies

92(2) An application under subsection (1) is subject to the hearing and approval process set out in Part 6.

Acquiring non-conforming land or building

93 A planning district or municipality may, by purchase, lease, exchange, or expropriation under The Expropriation Act, acquire a parcel of land or building that does not conform with a zoning by-law. The parcel of land or building may be sold, leased or otherwise disposed of by the district or municipality.

PART 6

VARIANCES

Applicants

94(1) A person who believes that a zoning by-law adversely affects his or her property rights may apply for an order varying specific provisions of the by-law insofar as they apply to the affected property.

(a) the council of the municipality in which the affected property is located; or

(b) the board of the planning district in which the affected property is located, if the planning district has adopted a district-wide zoning by-law under section 69.

Application requirements

94(3) The application must be in the form and accompanied by any supporting material and fee required by the board or council.

Authority respecting variances

95 A board or council may, by by-law, authorize its planning commission to consider and make decisions on applications for variances or specified types of variances.Applications must be referred to the planning commission in accordance with the by-law.

Public hearing

96 Upon receiving an application under section 94, the board, council or planning commission must

(a) hold a public hearing to receive representations from any person on the application; and

(b) give notice of the hearing in accordance with section 169.

Decision

97(1) After holding the hearing, the board, council or planning commission must make an order,

(a) rejecting the requested variance; or

(b) varying the application of specific provisions of the zoning by-law with regard to the affected property in the manner specified in the order if the variance

(i) will be compatible with the general nature of the surrounding area,

(ii) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area,

(iii) is the minimum modification of a zoning by-law required to relieve the injurious affect of the zoning by-law on the applicant's property, and

(iv) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Restrictions on variances

97(2) A variance order must not be made if it makes a change of land use other than

(a) a temporary change of land use for a period of not more than five years; or

(b) a change of land use to a use that is substantially similar to a use permitted under the zoning by-law being modified by the variance.

Conditions of order

98(1) In making a variance order under clause 97(1)(b), the board, council or planning commission may

(a) impose any conditions on the applicant or the owner of the affected property that it considers necessary to meet the requirements of clause 97(1)(b); and

(b) require the owner of the affected property to enter into a development agreement under section 150.

Revoking variance order

98(2) A variance order may be revoked if the applicant or the owner of the affected property fails to comply with the variance order or any condition imposed under subsection (1).

Notice of decision

99 The board, council or planning commission must send a copy of its order to the applicant and every person who made a representation at the hearing held under section 96.

No appeal

100(1) The order of a board or council on an application for a variance is final and not subject to appeal.

Appeal of planning commission order

100(2) The order of a planning commission on an application for a variance may be appealed in accordance with sections 34 and 35 (appeal of decision by commission).

Expiry of variance order

101(1) A variance order will expire and cease to have any effect if it is not acted upon within 12 months of the date of the decision.

Extending approval deadline

101(2) A board, council or planning commission may extend the deadline under subsection (1) for an additional period not longer than 12 months if an application is received before the initial deadline.

Authority re minor variances

102(1) A board or council may, by by-law, authorize a designated employee or officer to make an order that varies

(a) any height, distance, area, size or intensity of use requirement in the zoning by-law by no more than 15%; or

(b) the number of parking spaces required by the zoning by-law by no more than 15%.

No notice or hearing required

102(2) An application for a minor variance does not require a hearing under section 96 or notice to any person.

(b) varying the application of the zoning by-law with respect to the affected property in accordance with the limits of subsection (1), subject to any conditions considered necessary to meet the requirements of clause 97(1)(b).

Submissions before setting conditions

102(4) A minor variance order must not be made subject to conditions unless the applicant has been given a reasonable opportunity to make representations about the proposed conditions.

Notice to applicant

102(5) The designated employee or officer must send a copy of the order to the applicant, along with written notice of the applicant's right to appeal the order under subsection (6).

Appeal of minor variance

102(6) The applicant may appeal the order of the designated employee or officer, and sections 94 to 100 apply to the appeal, with any necessary changes.

(a) the council of the municipality in which the affected property is located; or

(b) the board of the planning district in which the affected property is located, if the planning district has adopted a district-wide zoning by-law under section 69.

Application requirements

103(4) The application must be in the form and accompanied by any supporting material and fee required by the board or council.

Authority respecting conditional uses

104 A board or council may, by by-law, authorize a planning commission to consider and make decisions on applications for conditional uses or specified types of conditional uses.Applications must be referred to the planning commission in accordance with the by-law.

Public hearing

105 Upon receiving an application for approval of a conditional use, the board, council, or planning commission must

(a) hold a public hearing to receive representations from any person on the application; and

(b) give notice of the hearing in accordance with section 169.

Decision

106(1) After holding the hearing, the board, council or planning commission must make an order

(a) rejecting the application; or

(b) approving the application if the conditional use proposed in the application

(i) will be compatible with the general nature of the surrounding area,

(ii) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area, and

(iii) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Conditions of approval

106(2) When approving an application for a conditional use, the board, council or planning commission may, subject to section 107 and subsections 116(2) and (3) (conditions on livestock operations),

(a) impose any conditions on the approval that it considers necessary to meet the requirements of clause (1)(b); and

(b) require the owner of the affected property to enter into a development agreement under section 150.

Revoking approval

106(3) The approval of a conditional use may be revokedif the applicant or the owner of the affected property fails to comply with the conditional use order or a condition imposed under subsection (2).

Modification of conditions

106(4) A condition imposed on the approval of a conditional use may be changed only by following the same process required to approve a new conditional use under this Part.

Conditions on small livestock operations

107(1) Only the following conditions may be imposed on the approval of a conditional use for a livestock operation involving fewer than 300 animal units, and any condition must be relevant and reasonable:

(a) measures to ensure conformity with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law;

(b) one or both of the following measures intended to reduce odours from the livestock operation:

(i) requiring covers on manure storage facilities,

(ii) requiring shelter belts to be established;

(c) requiring the owner of the affected property to enter into a development agreement dealing with the affected property and any contiguous land owned or leased by the owner, on one or more of the following matters:

(i) the timing of construction of any proposed building,

(ii) the control of traffic,

(iii) the construction or maintenance — at the owner's expense or partly at the owner's expense — of roads, traffic control devices, fencing, landscaping, shelter belts or site drainage works required to service the livestock operation,

(iv) the payment of a sum of money to the planning district or municipality to be used to construct anything mentioned in subclause (iii).

No conditions re manure

107(2) No conditions may be imposed respecting the storage, application, transport or use of manure from a livestock operation described in subsection (1), other than a condition permitted under clause (1)(b).

Notice of decision

108 The board, council or planning commission must send a copy of its order to the applicant and every person who made a representation at the hearing held under section 105.

No appeal

109(1) The order of a board or council on an application for approval of a conditional use is final and not subject to appeal.

Appeal of planning commission order

109(2) The order of a planning commission on an application for approval of a conditional use may be appealed in accordance with sections 34 and 35 (appeal of decision by commission).

Expiry of approval

110(1) The approval of a conditional use under this Part will expire and cease to have any effect if it is not acted upon within 12 months of the date of the decision.

Extending approval deadline

110(2) A board, council or planning commission may extend the deadline under subsection (1) for an additional period not longer than 12 months if an application is received before the initial deadline.

DIVISION 2

LARGE-SCALE CONDITIONAL USE LIVESTOCK OPERATIONS

Application

111(1) An application to approve a conditional use for a livestock operation involving 300 or more animal units must be made and dealt with in accordance with this Division.

Applicability of Division 1

111(2) Sections 103, 104, 109 and 110 and subsection 106(4) apply to an application that is subject to this Division.

Minister to receive copy of application

112 A board, council or planning commission must ensure that when an application that is subject to this Division is received, a copy of the application and all supporting material is sent to the minister as soon as reasonably practicable.

TECHNICAL REVIEW COMMITTEES

Appointment of Technical Review Committees

113(1) The minister may appoint a committee, to be known as the Technical Review Committee, for each region of the province.

Application referred to T.R.C.

113(2) Upon receiving an application under this Division, the minister must refer it to the appropriate Technical Review Committee for review.

Committee may require additional material

113(3) The Technical Review Committee may require the applicant to provide material in addition to the material required under subsection 103(4).

T.R.C. report

113(4) The Technical Review Committee must prepare a report setting out its findings and recommendations respecting the application and give the report to the board, council or planning commission.

Report available for inspection

113(5) The Technical Review Committee report must be available for inspection and copying at the office of the applicable planning district or municipality.

Regulations re T.R.C.

113(6) The Lieutenant Governor in Council may make regulations respecting the review of applications received by a Technical Review Committee, including, but not limited to, the process and procedure to be used by the committee

(a) in obtaining information from an applicant and the public about an application; and

114(1) The board, council or planning commission must fix a date for the hearing of an application under this Division.

Notice of hearing date

114(2) At least 14 days before the date of hearing, the board, council or planning commission must

(a) send notice of the hearing to

(i) the applicant,

(ii) the minister,

(iii) all adjacent planning districts and municipalities, and

(iv) every owner of property located within three kilometres of the site of the proposed livestock operation, even if a property is located outside the boundaries of the planning district or municipality;

(b) publish the notice of hearing in one issue of a newspaper with a general circulation in the planning district or municipality or, when there is no newspaper with a general circulation in the area, post the notice in the office of the planning district or municipality and at least two other public places in the district or municipality; and

(c) post a copy of the notice of hearing on the affected property in accordance with section 170.

Notice of T.R.C. report

114(3) The notice of hearing must include notice that the Technical Review Committee report is available for inspection and copying at the office of the planning district or municipality.

115 At the hearing, the board, council or planning commission must receive representations from any person on the application.

DECISION

Decision

116(1) After holding the hearing, the board, council or planning commission must make an order

(a) rejecting the application; or

(b) approving the application if

(i) the Technical Review Committee has determined, based on the available information, that the proposed operation will not create a risk to health, safety or the environment, or that any risk can be minimized through the use of appropriate practices, measures and safeguards, and

(ii) the proposed operation

(A) will be compatible with the general nature of the surrounding area,

(B) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area, and

(C) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Conditions on livestock operations

116(2) Only the following conditions may be imposed on the approval of an application under this Division, and any condition must be relevant and reasonable:

(a) measures to ensure conformity with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law;

(b) measures to implement recommendations made by the Technical Review Committee;

(c) one or both of the following measures intended to reduce odours from the livestock operation:

(i) requiring covers on manure storage facilities,

(ii) requiring shelter belts to be established;

(d) requiring the owner of the affected property to enter into a development agreement under clause 107(1)(c).

No conditions re manure

116(3) No conditions may be imposed respecting the storage, application, transport or use of manure from a livestock operation that is the subject of an application under this Division other than a condition permitted under clause (2)(c).

Revoking approval

116(4) The approval of a livestock operation subject to this Division may be revoked if the applicant or the owner of the affected property fails to comply with the conditional use order or a condition imposed under subsection (2).

Notice of decision

117 The board, council or planning commission must send a copy of its order to

(a) the applicant;

(b) the minister; and

(c) every person who made a representation at the hearing held under section 115.

No development until all approvals obtained

118 No development or expansion of a livestock operation that is the subject of an application under this Division may take place until

(a) the application is approved and the applicant complies, or agrees to comply, with any condition imposed on the approval under this Division; and

(b) the applicant obtains every approval, including any permit or licence, required under an Act, regulation or by-law in respect of the proposed operation or expansion, and complies with, or agrees to comply with, any condition attached to the approval.

"approving authority" means the minister or a board authorized by the minister under section 120. (« autorité compétente »)

"minor subdivision" means a subdivision that results in a single new parcel of land or a subdivision of one or more parcels of land where each parcel being transferred is to be consolidated with an adjacent parcel covered by another title so that no additional title results, provided

(a) the parcels resulting from the subdivision conform with the development plan by-law, the zoning by-law and any secondary plan by-law;

(b) no new public roads will be created as a result of the subdivision; and

(c) the subdivision does not require any change in access to a provincial road or provincial trunk highway. (« lotissement mineur »)

"railway line" means the track, land and structure on which a railway may be operated and includes all extra rights of way, auxiliary tracks, spurs, wyes, sidings, station grounds and yards. (« ligne de chemin de fer »)

"registered plan of subdivision" does not include an explanatory plan filed in the land titles office under section 127 of The Real Property Act. (« plan de lotissement enregistré »)

Mines and minerals not included

119(2) In this Part, "land" does not include mines and minerals or sand and gravel.

120 At the request of the board of a planning district, the minister may authorize the board to act as the approving authority for the area under its jurisdiction, subject to any conditions the minister considers appropriate.

WHEN SUBDIVISION APPROVAL IS REQUIRED

Approval required for subdivision of land

121(1) A district registrar may not accept for registration any instrument that has the effect, or may have the effect, of subdividing a parcel of land, including

(a) a plan of subdivision;

(b) a plan of survey;

(c) an order or judgment of a court; and

(d) a caveat;

unless the subdivision has been approved by the approving authority.

Cases in which approval is not required

121(2) As exceptions to subsection (1), a district registrar may accept an instrument that has the effect, or may have the effect, of subdividing a parcel of land in any of the following circumstances:

(a) each parcel resulting from the subdivision consists of

(i) at least 80 acres, and either abuts on a public road or is being consolidated with an adjoining parcel that abuts on a public road,

(ii) two or more legal subdivisions that abut each other, and either abut on a public road or are being consolidated with an adjoining parcel that abuts on a public road,

(iii) a parcel of approximately equal area to the other parcel created by the subdivision of an entire quarter section where the parcels abut each other and either abut on a public road or are being consolidated with an adjoining parcel that abuts on a public road,

(iv) one or more whole lots or blocks in a registered plan of subdivision,

(v) one or more whole lots or blocks and any existing part or parts of a lot or block contiguous thereto in a registered plan of subdivision, or

(vi) at least one parish lot, or more if contiguous, in either the inner or the outer two miles, or a settlement lot (not including a woodlot or a park lot);

(b) the parcel resulting from the subdivision is not contiguous to and does not abut any other land described in the certificate of title, but does abut on a public road or is being consolidated with adjoining land that abuts on a public road;

(c) the land is being acquired or disposed of by Her Majesty in right of Canada or Manitoba or by Manitoba Hydro;

(d) the land is being acquired by a municipality for the purpose of

(i) widening or extending a public road, or

(ii) constructing, opening or making a new drain, or widening, altering, diverting or straightening an existing drain under The Municipal Act,

and the instrument or plan is accompanied, at registration, by a statutory declaration of an officer of the municipality that the land was acquired for one of those purposes;

(e) the land was part of a government road allowance, public road or public reserve that has been closed by by-law and is being consolidated with adjacent existing titles;

(f) the land is part of a railroad right-of-way and is being consolidated with adjacent existing titles.

Parcel includes public road, etc.

121(3) For the purpose of subclauses 2(a)(i), (ii), (iii) and (vi), a parcel of land is deemed to include land for a public road, road allowance, drain or right-of-way excepted from the land described in the certificate of title covering the parcel.

Contiguity of land

121(4) For the purpose of this section, land that is excepted from land described in a certificate of title for a public road — excluding a government road allowance — railway line, transmission or distribution line, river, drain or right of way, or is acquired for any of those purposes, is deemed not to create a break in the contiguity of the land.

Easement not a subdivision

121(5) For the purpose of this section, an easement does not have the effect of subdividing a parcel of land, and is deemed not to create a break in the contiguity of the land.

Affidavit or statutory declaration may be required

121(6) The district registrar may require an affidavit or statutory declaration by a party to an instrument alleging facts to establish that clause (2)(a) applies to a subdivision. The affidavit or declaration is conclusive proof of the facts stated in it.

Effect of zoning by-law

121(7) When a parcel of land remains after adjoining land or a use or right in adjoining land is acquired under clause (2)(c) or (d), the parcel is deemed to conform to the applicable site area or lot size requirements of the zoning by-law in force at the time of the acquisition.

Caveat void

121(8) A caveat filed contrary to subsection 148(2) of The Real Property Act is void.

Unregistered instrument effecting subdivision

122 An interest in land is not created or conveyed by an unregistered instrument that purports to subdivide land or to have the effect of subdividing land contrary to this Part.

125(1) Upon receiving the application and a copy of the material from the approving authority, the council must consider the application and decide, by resolution,

(a) to reject it; or

(b) to approve the application, with or without any of the conditions described in section 135.

Hearing when road created

125(2) If the proposed subdivision will result in the creation of a new public road, the council must

(a) hold a public hearing to receive representations on the proposed subdivision; and

(b) give notice of the hearing in accordance with section 169.

Council's decision final

125(3) A resolution of council under this section is final, and the council may not reverse it notwithstanding The Municipal Act. But the council may, by resolution, vary or rescind any condition it has specified under clause (1)(b) or specify new conditions.

Notice to approving authority

125(4) The council must provide the approving authority with a certified copy of any resolution it makes under this section.

125.1(1) In respect of an application for a minor subdivision sent to the council under subsection 124(3), a council may

(a) consider the application and decide, by resolution, to approve or reject it; or

(b) as an exception to section 125, provide that the application is to be referred to a designated employee or officer of the municipality and authorize the employee or officer to approve the application.

Approval may not be reversed

125.1(2) An approval under subsection (1) is final, and may not be reversed, despite The Municipal Act.

Conditions on approval

125.1(3) An approval under subsection (1) may be made subject to any of the conditions described in section 135, and the decision maker under subsection (1) may add to, vary or rescind a condition that the decision maker imposed at any time before a certificate of approval is issued in respect of the minor subdivision.

Effect of approval – minor subdivisions

125.1(4) A decision to approve an application for a minor subdivision is deemed to be a decision of the approving authority to give conditional approval to the minor subdivision under clause 126(2)(b).

Council resolution required to reject

125.1(5) A decision to reject an application for a minor subdivision may be made only by a resolution of council, and no designated employee or officer may be authorized to make such a decision.

Effect of rejection

125.1(6) A council's decision to reject an application for a minor subdivision is deemed to be a decision of the approving authority under clause 126(1)(a), and no appeal lies from such a decision.

Notice of decision

125.1(7) The municipality must send a certified copy of its decision to the applicant, the approving authority and, where a board is the approving authority, to the minister.

Non-application

125.1(8) Subsections 126(3) to (5) do not apply in respect of a minor subdivision.

126(1) Upon receiving a resolution of the council to approve or reject the application, the approving authority must

(a) reject the application if the council has rejected it; or

(b) consider the application, if the council has approved it.

Decision of approving authority

126(2) After considering an application approved by council, the approving authority must do one of the following:

(a) reject the application;

(b) give conditional approval to the subdivision, subject to

(i) any conditions specified by council under clause 125(1)(b), and

(ii) any additional conditions described in section 135 that the approving authority considers appropriate.

Notice of decision

126(3) The approving authority must send a copy of its decision to the applicant, the council and, where a board is the approving authority, to the minister.

New or varied conditions

126(4) The approving authority may add to, vary or rescind a condition it has imposed under subclause (2)(b)(ii).

If no decision within 60 days

126(5) If the approving authority fails to make a decision on an application, the applicant may, after the expiry of 60 days from the date of the council resolution, consider the application to have been rejected by the approving authority and may appeal the matter to the Municipal Board under section 129.

Conditional approval valid for 2 years

127 If, within two years after notice is given under subsection 125.1(7) or 126(3), the applicant does not satisfy the approving authority that the conditions imposed on a subdivision approval have been met, the conditional approval expires. But the approving authority may, within that two-year period, extend the period for one additional period of not more than 12 months.

128(1) The approving authority may, in writing, revoke a conditional approval it has given, if it believes the approval was issued in error, in which case the applicant is entitled to be compensated for his or her expenses. If no agreement on expenses can be reached, subsections 88(3) and (4) (arbitration if no agreement) apply, with necessary changes.

Effect of revocation — minor subdivisions

128(1.1) In the case of a minor subdivision, the revocation of a conditional approval by the approving authority under subsection (1) has the effect of revoking any approval of the minor subdivision under section 125.1.

Notice

128(2) The approving authority must send a copy of the revocation to the applicant and the municipality.

130(1) The Municipal Board must hold a hearing to consider the appeal.

Notice of hearing

130(2) At least 14 days before the hearing, the Municipal Board must send notice of the hearing to the applicant, the minister, the approving authority, the council and any other person the board considers appropriate.

Decision of Municipal Board

131(1) Subject to section 123 (restrictions on approval), the Municipal Board must make an order

(a) rejecting the proposed subdivision; or

(b) approving the proposed subdivision, subject to any conditions described in section 135 that it considers appropriate.

Notice of decision

131(2) The Municipal Board must make its order within 30 days after the hearing is concluded, and must send a copy of the order to the applicant, the approving authority, the council, the minister and any other party to the appeal.

If conditions not met within 2 years

131(3) If the Municipal Board approves a subdivision subject to conditions and the applicant fails to provide evidence satisfactory to the approving authority that the conditions have been met within two years from the date of the order, the conditional approval expires, unless extended under section 127.

CERTIFICATE OF APPROVAL

Certificate of approval

132(1) Upon being satisfied that conditions imposed on a subdivision approval under clause 126(2)(b) or 131(1)(b) have been met, the approving authority must issue a certificate of approval.

Certificate issued in 30 days

132(2) If the approving authority is a board, the board may not issue the certificate of approval until after the deadline for an appeal under section 129 has passed, unless the minister agrees to an earlier date.

Notice to council and minister

132(3) The approving authority must send a copy of the certificate of approval to the applicant, the council and, where a board is the approving authority, to the minister.

Certificate valid for 12 months

132(4) A certificate of approval is valid for 12 months after it is issued, but may, within that 12-month period, be extended by the approving authority for one additional period of not more than 12 months.

No certificate until appeal settled

132(5) No certificate of approval may be issued under this section until any appeal under section 129 has been resolved.

WAITING PERIOD FOR NEW APPLICATIONS

Six-month wait before applying again

133 If an application for subdivision approval of land is rejected, the approving authority may refuse to accept for consideration, with respect to the same land, a further application submitted to it within six months from the later of the following dates:

(a) the date of the approving authority's decision to reject the application;

(b) if the rejection is appealed to the Municipal Board, the date of the Municipal Board's decision.

(b) construction or payment by the owner of all or part of the capacity of works in excess of the capacity required for the proposed subdivision; and

(c) the use of the land and any existing or proposed building.

4.

Any condition recommended or required by a government department or other entity to which the application was referred by the approving authority.

5.

Any condition necessary for the proper design of the subdivision or to implement the reorganization of titles.

6.

A condition that the applicant dedicate the following land, without compensation:

(a) land for adequate public roads and municipal services in the subdivision;

(b) land for public reserve purposes, not exceeding 10% of the land being subdivided, but only if the land is being divided into parcels of less than 4 hectares;

(c) land for school purposes, not exceeding 10% of the land being subdivided;

(d) land not suitable for building sites or other development because it is unstable, subject to severe flooding, required for source water protection, or is otherwise unsuitable because of topographical or subsurface features, such as wetlands, gullies, ravines, natural drainage courses, creeks, ponds or lake beds;

(e) shore lands designated in a development plan by-law as land to be dedicated upon subdivision as a Crown reserve or a public reserve, including land that is or might be required to provide access to shore lands.

7.

As an alternative to dedicating land under item 6(d) or (e), a condition that the applicant enter into a development agreement with the government, the municipality, or the planning district as required, whereby the applicant agrees to conditions limiting, regulating or prohibiting any use, activity or development on the land.

136(1) The council may require the owner of land that is the subject of a proposed subdivision to provide money to the municipality or a school board or school district in place of dedicating land for public reserve purposes or for school purposes under section 135, item 6(b) or (c). The amount paid must be equivalent to the value of the land that would have been dedicated.

Council must specify payment as a condition

136(2) If money is required to be paid in place of dedicating lands, the council must specify that such a payment is required in a resolution under section 125.

Agreement about the amount

136(3) The applicant and the municipality may reach an agreement about the amount payable under this section, but if they cannot agree, either one may submit the matter to arbitration by sending a notice to that effect to the other.

(a) the value of the land must be determined on the basis of what might be expected to be realized if the unsubdivided land was sold in the open market immediately before the conditional approval; and

(b) subsections 88(3) and (4) (arbitration if no agreement) apply, with necessary changes.

Errors in approvals or plans

137 If the approving authority believes an error or omission has been made in a conditional approval, certificate of approval or an unregistered plan of subdivision approved under this Part, it may make a correction without giving notice.

137.2(1) No developer shall advertise that a school building is to be built or may be built on a parcel of land that is outside the City of Winnipeg.

Exception

137.2(2) Subsection (1) does not apply in respect of a parcel of land if a school board is authorized to call for tenders for the construction of a school building on that parcel, as provided for under subsection 8.3(4) of The Public Schools Finance Board Act.

(a) money that the council receives from the sale or lease of land that was dedicated under section 135, item 6(a) or (b), if the council determines that the land was not required for a public purpose; or

(b) money paid to a municipality under subsection 136(1) in place of a dedication.

Use of money

140(2) Money referred to subsection (1) and interest earned on the money may be used only for public parks or other recreational purposes.

(a) money that a school board receives from the sale or lease of land that was dedicated under section 135, item 6(c), if the school board determines that the land is not required for school purposes;

(b) money paid to a school division or school district under subsection 136(1) in place of a dedication.

Use of school lands, money

141(2) Money referred to in subsection (1) and interest earned on the money may be used only for capital expenditures.

Notice of intention to dispose of land and hearing

141(3) When a school board proposes to dispose of land dedicated under section 135, item 6(c), it must give public notice of the proposal and must hold a public hearing to receive representations from persons and entities who may be affected.

FEES, CHARGES AND CAPITAL LEVIES

By-laws establishing fees and charges

142(1) A board or council may, by by-law, set the fees and charges to be paid by applicants.

Examination and approval services

142(2) Fees and charges may relate to technical, administrative, professional, consultative or other services required by the municipality or planning district to examine and approve a subdivision application.

Levies established by by-law

143(1) A council may, by by-law, set the levies to be paid by applicants to compensate the municipality for the capital costs specified in the by-law that may be incurred by the subdivision of land.

Establishment of reserve funds

143(2) A council must establish a reserve fund under The Municipal Act into which the levies are to be paid.

OBSOLETE PLANS OF SUBDIVISION

Obsolete plans of subdivision

144(1) A council may, by by-law, declare that a plan of subdivision, or any part of a plan, that has been registered for eight years or more is not a registered plan of subdivision for the purpose of this Part.

Registration in land titles office

144(2) Immediately after first reading of the by-law, the council must register a certified copy of the proposed by-law in the appropriate land titles office. After registration, no person may subdivide a parcel contained in a plan of subdivision to which the proposed by-law applies, without the approval of the approving authority.

(b) pass a resolution not to proceed, in whole or in part, with the by-law.

Decision distributed

144(5) The council must send a certified copy of a by-law or resolution made under subsection (4) to the minister and each person who made a representation at the public hearing, and must register a copy in the land titles office.

Discharge

144(6) Upon registration of the by-law or resolution at the land titles office, the copy of the proposed by-law registered under subsection (2) must be discharged from the land titles office.

Plan declared obsolete cannot be revived

144(7) After a council has passed a by-law under this section, it may not pass a subsequent by-law to revive or partially revive the plan of subdivision.

CANCELLING PLANS OF SUBDIVISION

Application for order cancelling or amending registered plan

145(1) A council may apply to the Municipal Board for an order cancelling, in whole or in part, or amending a registered plan of subdivision to facilitate the physical development of a municipality.

Notice of hearing

145(2) The Municipal Board must give notice of the date, time and place of a hearing to consider the application to the owner, the municipality and any other person the board considers appropriate.

Decision of Municipal Board

145(3) After holding the hearing, the Municipal Board must make an order

(a) rejecting the application;

(b) directing the cancellation, in whole or in part, or the amendment of the registered plan, subject to any terms and conditions it considers necessary; or

(c) directing a new plan to be registered subject to any terms and conditions it considers necessary. The order has the effect of waiving the requirements of clause 117(6)(g) of The Real Property Act.

Municipal Board Act applies

145(4) Sections 96 to 103 of The Municipal Board Act apply to an application made under this section, with necessary changes.

Principles of re-subdivision of a cancelled plan

145(5) Notwithstanding sections 96 to 103 of The Municipal Board Act, the following principles apply to an application under this section:

(a) all parcels of land, including public roads and other public lands within the area covered by the application, are deemed to be a single unit of land;

(b) the land required for public roads and other public lands must be taken from the single unit and the remainder divided among the owners in a suitable and equitable manner.

Municipality as owner

145(6) For the purpose of clause (5)(b), the municipality is deemed to be an owner of land.

(a) to the board of the planning district in which the proposed development is located; or

(b) if the proposed development is not located in a planning district, to the council of the municipality in which the proposed development is located.

Decision on development permit

148(1) The board or council may issue the development permit if it is satisfied that the proposed development generally conforms with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Review of application

148(2) The board or council may review the application for a period of not longer than 60 days after it is submitted to determine if the proposed development meets the requirements of subsection (1).

Withholding development permit

148(3) The board or council may withhold issuing the permit for a further 125 days after the review period under subsection (2) if, at the time the application was made,

(a) the board or council had authorized the preparation of a development plan by-law, zoning by-law, or secondary plan by-law, or an amendment to any of those by-laws; and

(b) the proposed development does not generally conform with the proposed development plan by-law, zoning by-law, secondary plan by-law, or any proposed amendment to those by-laws.

Refusal to issue withheld permit

148(4) The board or council may refuse to issue a development permit if

(a) the proposed by-law or amendment is passed within the period referred to in subsection (3); and

(b) the proposed development does not generally conform with the development plan by-law, zoning by-law, or secondary plan by-law, as adopted or amended.

No further withholding

148(5) If the proposed by-law or amendment is not passed within the period referred to in subsection (3), the board or council must issue the development permit if the proposed development generally conforms with the development plan by-law, the zoning by-law and any secondary plan by-law in effect at the time the application was made.

Compensation for withholding

148(6) If a development permit is issued in the circumstances set out in subsection (5), the owner of the affected property is entitled to compensation for damages resulting from the delay in issuing the permit. If the owner and the applicable board or council are unable to reach an agreement on compensation, subsections 88(3) and (4) (arbitration if no agreement) apply, with necessary changes.

Dwelling units permitted on a parcel

149 No person may be issued a development permit to construct more than one dwelling unit or mobile home on a parcel of land, unless permitted to do so under the zoning by-law.

DEVELOPMENT AGREEMENTS

Development agreements

150 As a condition of amending a zoning by-law, making a variance order or approving a conditional use, a board, council or planning commission may, unless this Act provides otherwise, require the owner of the affected property to enter into a development agreement with the planning district or municipality in respect of the affected property and any contiguous land owned or leased by the owner dealing with one or more of the following matters:

(a) the use of the land and any existing or proposed building;

(b) the timing of construction of any proposed building;

(c) the siting and design, including exterior materials, of any proposed building;

(c.1) the provision of affordable housing, if the application is for an amendment to a zoning by-law to permit a new residential development that is subject to a requirement under subsection 71(5);

(d) the provision of parking;

(e) landscaping, the provision of open space or the grading of land and fencing;

(f) the construction or maintenance — at the owner's expense or partly at the owner's expense — of works, including but not limited to, sewer and water, waste removal, drainage, public roads, connecting streets, street lighting, sidewalks, traffic control, access and connections to existing services;

(g) the payment of a sum of money to the planning district or municipality in lieu of the requirement under clause (f) to be used for any of the purposes referred to in that clause;

(h) the dedication of land or payment of money in lieu thereof, where the application is for an amendment to a zoning by-law to permit a residential use, use for a mobile home park or an increase in residential density, in which case item 6 of section 135 applies to the dedication.

151(1) Any development agreement under this Act may provide that it runs with the land, and when a caveat with a copy of such an agreement attached is filed in the appropriate land titles office, the agreement binds the owner of the land affected by it, and the owner's heirs, executors, administrators, successors and assigns.

Agreement before amendment or order

151(2) A development agreement under this Act can be entered into before an order, approval or amendment to a by-law is made, but the agreement is not binding until the amendment has passed or the order or approval has been made.

CONFORMING CONSTRUCTION AGREEMENTS

Agreements

151.1(1) As a condition of issuing a building permit or making a variance order, a permitting authority may require the owner or owners of each parcel of land affected by the permit or order to enter into a conforming construction agreement with the authority.

Purpose

151.1(2) A conforming construction agreement is to address either or both of the following:

(a) the required separation between buildings by having the limiting distance be measured from an exposing building face to a point that

(i) is beyond the lot line of the parcel of land on which it is constructed, and

(ii) is not on a street, lane or public thoroughfare;

(b) the required access to public thoroughfares from building exits and to public streets from a parcel of land through use of neighbouring parcels of land.

(i) that a building will not be constructed on an affected parcel of land unless the limiting distance for an exposed building face in respect of the proposed construction is measured in accordance with the agreement,

(ii) that access to a public street or a public thoroughfare from an affected parcel of land be permitted through one or more adjacent affected parcels;

(c) provide that the agreement runs with the land; and

(d) be executed by

(i) each person who is, or is entitled to be, an owner of each affected parcel of land, and

(ii) the permitting authority.

An agreement may also provide that the owner or owners indemnify the permitting authority in respect of the agreement.

Effect of agreement

151.1(4) When the conforming construction agreement is registered in the appropriate land titles office, the agreement binds the owner or owners of the affected parcels of land, and their heirs, executors, administrators, successors and assigns.

153(1) Subject to this Part, this Act applies to Northern Manitoba, with necessary changes.

References to "minister"

153(2) With the exception of Part 8 (Subdivision Control), when this Act is being applied to Northern Manitoba, a reference in any provision of this Act to "the minister" means the minister appointed by the Lieutenant Governor in Council to administer The Northern Affairs Act.

157 The minister may appoint one or more persons to perform the functions of the Municipal Board with respect to any matter under this Act involving Northern Manitoba.

LAND USE PLANNING

Land use control may be adopted

158(1) A development plan by-law and a zoning by-law may be adopted for any part of Northern Manitoba in accordance with this Part.

Adoption by incorporated communities

158(2) A development plan by-law and a zoning by-law for an incorporated community must be adopted by the incorporated community's council.

Adoption by communities

158(3) A development plan by-law and a zoning by-law for a community must be adopted by the minister, unless the minister has delegated that authority to the community council for the community in a regulation made under subsection 156(1).

Adoption in other areas of Northern Manitoba

158(4) A development plan by-law and a zoning by-law for any part of Northern Manitoba that is not in an incorporated community or a community must be adopted by the minister.

159 When a development plan by-law for a community is prepared by the community council, the normal adoption process under this Act is modified in the following manner:

(a) the minister is not required to approve the by-law under subsection 51(1);

(b) if the minister does not refer the by-law to the Municipal Board under section 49, the council may give third reading to the by-law 60 days after the by-law is submitted to the minister under subsection 47(1);

(c) if the minister refers the by-law to the Municipal Board under section 49, the council may give third reading to the by-law 60 days after the minister provides the council with a copy of the Municipal Board report provided under subsection 50(2).

160(1) A community council that has adopted a development plan by-law or a zoning by-law must file a copy of the by-law with the minister in accordance with regulations made by the minister.

Delayed coming into force

160(2) A by-law filed with the minister under subsection (1) comes into force 30 days after the day it was filed.

Disallowing by-law

160(3) The minister may disallow a development plan by-law or a zoning by-law filed under subsection (1), in whole or in part, by written notice to the community council. Upon disallowance, the by-law or the disallowed part of it ceases to be in effect and is deemed to be repealed.

161 When an area of Northern Manitoba is not subject to a development plan by-law or a zoning by-law, applications for the expansion or development of livestock operations must be dealt with in accordance with section 208 or 209.

SUBDIVISION CONTROL

Approving authority for subdivision

162 Despite subsection 152(1), the minister appointed by the Lieutenant Governor in Council to administer this Act is the approving authority for any application to subdivide land in Northern Manitoba.

PART 11

NOTICES AND HEARINGS

DIVISION 1

NOTICES

GENERAL

Sending notice

163(1) When any notice or other document under this Act must be given or sent to a person, it may be

(a) personally delivered to the person;

(b) sent by ordinary mail to the person; or

(c) sent by e-mail or other method of electronic communication to the person, but only if the person has agreed in writing that the notice or document may be sent to the person by e-mail or other method of electronic communication.

Deemed receipt

163(2) A notice or other document sent by ordinary mail to a person is deemed to be received by the person on the fourth day after it is mailed.

164 If for any reason it is not possible or reasonable to give or send a notice or other document to a person in accordance with section 163, the notice or document is deemed to be sent to the person if a copy of it is posted in the office of the applicable planning district or municipality for seven consecutive days.

Notice for written submissions

165 If this Act requires a notice to be given to a person who made a representation at a hearing and a written submission was made at the hearing on behalf of more than one person, notice is deemed to have been given if the notice is sent to one of those persons.

NOTICE OF HEARINGS

Notice of hearing

166 When notice of a hearing is required to be given under this Act, it must meet the applicable requirements of this Division.

(c) state that any person may make a representation on the matter at the hearing;

(d) state that documents related to the matter to be considered at the hearing may be inspected or copied at the office of the applicable planning district or municipality and any other location specified in the notice;

(e) in the case of a hearing to consider a proposed by-law of general application, describe the area affected, by reference to designations or zones in the planning district or municipality, or state that the by-law applies to the entire district or municipality; and

(f) in the case of a hearing to consider a matter affecting a specific property, identify the location of that property.

Notice re planning districts, development plans and zoning by-laws

168(1) Notice of any the following hearings must be given in accordance with this section:

(a) a hearing on the establishment of a planning district under subsection 16(3);

(b) a hearing on the alteration or dissolution of a planning district or the amalgamation of planning districts under section 27 or 28;

(c) a hearing on the adoption of a development plan by-law under subsection 46(1);

(d) a hearing on the adoption of a zoning by-law or a secondary plan by-law under subsection 74(1).

(a) publishing notice of the hearing in a newspaper with a general circulation in the applicable planning district or municipality on two occasions at least six days apart, during the period beginning 40 days before the hearing and ending seven days before the hearing; or

(b) when there is no newspaper with a general circulation in the area, posting a copy of the notice of hearing in the office of the applicable planning district or municipality and at least two other public places in the district or municipality at least 14 days before the hearing.

Required notice

168(3) At least 27 days before the hearing, a copy of the notice of the hearing must be sent

(a) to the applicant, if there is one;

(b) to the minister;

(c) to all adjacent planning districts and municipalities;

(d) when the hearing is held by the council of a municipality that is part of a planning district, to that planning district and all other municipalities in the district; and

(e) when the hearing is held by the board of a planning district, to all municipalities in the district.

Notice to affected property owners

168(4) If the hearing is held to consider an amendment to a by-law that would affect a specific property,

(a) a copy of the notice of hearing must be sent at least 14 days before the hearing to the owner of the affected property, and every owner of property located within 100 metres of the affected property; or

(b) where the affected property is not remote or inaccessible, a copy of the notice of hearing must be posted on the affected property in accordance with section 170.

Notice re certain applications

169(1) Notice of any of the following hearings must be given in accordance with this section:

(a) a hearing on an application for a variance under section 96;

(b) a hearing on an application to approve a conditional use under section 105, except for an application subject to Division 2 of Part 7 (Large-scale conditional use livestock operations);

(c) a hearing on an application for subdivision under subsection 125(2);

(d) a hearing on the adoption of a by-law to close public reserve land under subsection 139(2);

(e) a hearing on the adoption of a by-law to declare an obsolete plan of subdivision under subsection 144(3).

Required notice

169(2) At least 14 days before the hearing, a copy of the notice of hearing must

(a) be sent to the applicant, if there is one;

(b) be posted in the office of the applicable planning district or municipality;

(c) be sent to the minister, in the case of a hearing to consider a by-law to close public reserve land or the declaration of an obsolete plan; and

(d) be sent to the minister, or the board of the applicable planning district if the board has been designated as an approving authority under section 120, in the case of a hearing to consider a subdivision application.

(a) by the owner of property to vary a separation distance between a building on the property and a livestock operation, a copy of the notice of hearing must be sent to the owner of the livestock operation; and

(b) by the owner of a livestock operation to vary a separation distance involving the operation, a copy of the notice of hearing must be sent to every owner of property located within the separation distance that is proposed to be varied.

Posting requirements

170(1) If notice of a hearing is required to be posted on an affected property under this Act, the notice must be

(a) at least 28 x 43 centimetres in size with the words "NOTICE OF PUBLIC HEARING" printed in large bold letters;

(b) posted outdoors for 14 days immediately before the date of the hearing

(i) in conspicuous locations on the site of the property,

(ii) facing each public road adjacent to the property, and

(iii) not more than 1 metre inside the boundary lines of the property; and

(c) kept in legible form.

Proof of posting

170(2) Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (1)(b) is proof that the notice was posted for the entire 14 day period.

(a) subject to subsection (2), hold the hearing at the date, time and place set out in the notice of hearing;

(b) hear any person who wishes to make a representation on the matter to be considered at the hearing; and

(c) keep written minutes of the hearing.

Adjournment

172(2) A hearing under this Act may adjourned to a fixed date. Unless the new hearing date is announced at the time of adjournment, the body holding the hearing must give notice of the continuation of the hearing as if it were a new hearing.

Representations

173(1) A person may make a representation at a hearing under this Act by

(a) making an oral submission at the hearing; or

(b) filing a written submission with the body holding the hearing, before or at the hearing.

Recording representations

173(2) The body holding the hearing must keep a record of all representations made at the hearing.

Combined hearings

174(1) If a development application would require a board, council or planning commission, or the Municipal Board, to hold multiple hearings because the application requires

(a) amendments to more than one by-law; or

(b) other approvals that require hearings;

the board, council, planning commission or the Municipal Board may hold all of the required hearings related to the proposal that it has jurisdiction to hold together in a single combined hearing.

Notice of combined hearings

174(2) The notice of hearing for each matter to be considered at a combined hearing may be combined into a single notice of hearing as long as that notice meets all of the requirements of Division 1.

PART 12

ENFORCEMENT

Authority to inspect and enforce

175(1) A designated employee or officer of a planning district or municipality may, in accordance with the requirements of this Part, enter land or a building

(a) to conduct an inspection to determine if a person is complying with any of the following:

(i) a by-law adopted under this Act that the district or municipality is authorized to enforce,

(ii) the terms or conditions of a permit, approval or order made or issued under this Act, and

(b) to take any action authorized under this Act or a by-law to enforce or remedy a contravention of any matter referred to in clause (a).

Related inspection powers

175(2) When conducting an inspection, the designated employee or officer may

(a) request that anything be produced to assist in the inspection;

(b) make copies of anything related to the inspection; and

(c) on providing a receipt, remove a record, document or other item related to the inspection.

No interference

175(3) No person may interfere with a designated employee or officer who is conducting an inspection or enforcement action.

Requirements

176(1) An inspection or enforcement action under section 175 must take place at a reasonable time and after reasonable notice has been given to the owner or occupier of the land or building. The designated employee or officer may enter the land or building in question only with the consent of the occupier or under authority of a warrant issued under section 177.

Identification

176(2) The designated employee or officer must, upon request, produce identification showing that he or she is authorized by the planning district or municipality to conduct the inspection or enforcement action.

No notice in emergencies

176(3) In an emergency, or in extraordinary circumstances, the designated employee or officer is not required to give reasonable or any notice to enter land or a building, and may take any inspection or enforcement action without the consent of the owner or occupier of the land or building and without a warrant.

(a) a designated employee or officer has been refused entry to land or a building that he or she is entitled to inspect or carry out an enforcement action on; or

(b) a designated employee or officer reasonably anticipates that entry to the land or building will be refused;

may, upon application without notice, issue a warrant authorizing the designated employee or officer and any other person named in the warrant to enter the land or building and conduct an inspection or enforcement action.

Order to remedy contravention

178(1) If the designated employee or officer finds that a person is contravening

(a) a by-law adopted under this Act that the planning district or municipality is authorized to enforce; or

(b) the terms or conditions of a permit, approval or order made or issued under authority of this Act;

the designated employee or officer may issue a written order requiring the person to remedy the contravention.

(a) direct the person to stop doing something, or to change the way in which the person is doing it;

(b) direct the person to take any action or measure necessary to remedy the contravention and, if necessary, to prevent a recurrence of the contravention;

(c) state a time within which the person must comply with the order; and

(d) state that if the person does not comply with the order within the specified time, the district or municipality may take any action required to remedy the contravention, at the expense of the person.

Review by board or council

178(3) A person against whom an order is made under this section may require the board or council to review it by making a written request to the board or council no later than 14 days after the order was made.

Powers of board or council

178(4) After receiving the written request to review the order, the board or council must review the order and may confirm, vary, or rescind the order.

District or municipality remedying contraventions

179(1) A planning district or municipality may take any action or measure that is reasonable to remedy the contravention if

(a) the designated employee or officer has given a written order under section 178;

(b) the order contains the statements referred to in clauses 178(2)(b) and (d);

(c) the person to whom the order was directed has not complied with the order within the time period specified in the order; and

(d) the deadline for requesting a review under subsection 178(3) has passed or, if a review of the order has been requested, and the decision of the board or council was to allow the district or the municipality to take the action or measure.

Costs

179(2) The costs of an action or measure taken by a planning district or municipality under this section are a debt owing to the district or municipality by the person who contravened the by-law.

Injunction

180 A planning district or municipality may apply to the Court of Queen's Bench for an injunction or other order to enforce a by-law made under this Act, or to restrain a contravention of the by-law, without initiating a prosecution thereof. The court may grant or refuse to grant the injunction or other order, or may make any other order that it considers fair and just.

(c) the terms or conditions of a permit, approval or order made or issued under this Act.

Continuing offences

181(2) When a contravention continues for more than one day, the person is guilty of a separate offence for each day the offence continues.

Directors and officers

181(3) If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to the penalties set out in clause 182(1)(a), whether or not the corporation has been prosecuted or convicted.

General penalty

182(1) Every person who is guilty of an offence under this Act is liable on summary conviction

(a) in the case of an individual, to a fine of not more than $5,000., or imprisonment for a term of not more than six months, or both; and

(b) in the case of a corporation, to a fine of not more than $20,000.

Orders in addition to penalty

182(2) When a person is convicted of an offence, a justice may, in addition to imposing a penalty under subsection (1), order the person to do one or both of the following:

(a) comply with the provision of this Act or the by-law that the person contravened;

(b) pay to the planning district or municipality the amount of the costs incurred by the district or municipality as a result of the contravention.

Time limit for prosecution

183 A prosecution under this Act may not be commenced later than two years after the day the alleged offence was committed.

PART 13

MISCELLANEOUS PROVISIONS

Designated employees and officers

184 When a provision of this Act refers to a designated employee or officer, the board of a planning district or the council of a municipality may, by by-law, designate an employee or officer of the district or municipality to carry out the power or responsibility.

Third reading deadline does not apply

185 Clause 144(a) of The Municipal Act does not apply to a development plan by-law, zoning by-law or secondary plan by-law.

Records of planning district

186 Section 423 of The Municipal Act applies, with necessary changes, to a copy of a record of a planning district that has been certified to be a true copy of the original record by a designated employee or officer of the district.

Limited restrictions on livestock operations

187(1) Except as provided in a development plan by-law or in provisions of a zoning by-law respecting the siting and setback of livestock operations,a board or council may not impose any restrictions or conditions on

(a) the location of a livestock operation; or

(b) the number of animal units involved in a livestock operation.

When by-law does not apply to livestock operation

187(2) Notwithstanding Part 7 of The Municipal Act (By-laws: General Jurisdiction), a municipal by-law or zoning by-law respecting nuisance odours or prohibiting or regulating the storage, application or use of manure does not apply to a livestock operation if the owner or operator of the operation is complying with

(a) all other Acts and regulations regarding the storage, application or use of manure; and

(b) the terms and conditions of any permit or licence required to be held by the owner or operator under an Act or regulation.

Alteration of boundaries

188 If land that was located in one municipality or planning district becomes part of another municipality or planning district because of an annexation or other alteration of municipal boundaries

(a) the development plan by-law, zoning by-law and any secondary plan by-law that applied to that land when it was part of the first municipality or planning district continues to apply to that land; and

(b) the municipality or planning district that now has jurisdiction over that land must administer the development plan by-law, zoning by-law and secondary plan by-law referred to in clause (a) until it amends its own development plan by-law and zoning by-law to cover that land.

191 Where there is a conflict between a provision of this Act and a provision of The Conservation Districts Act, the provision of this Act prevails.

Protection from liability

192 No action or proceeding may be brought against a member of a board, council, special planning authority or planning commission, or any person acting under authority of this Act, for anything done, or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act; or

195(1) A planning district established under the former Act is continued under this Act.

Board of district continued

195(2) Each member on the board of a planning district continued under subsection (1) continues to hold office as if appointed to the board under this Act.

Adopting by-laws

195(3) Within six months after the coming into force of this Act, the board of a planning district continued under subsection (1) must adopt

(a) an organizational and procedural by-law under subsection 21(1); and

(b) a compensation by-law under subsection 21(2).

Development plan by-law continues

196 A development plan by-law adopted under the former Act continues with the same effect as if it had been adopted under this Act.

Zoning by-law continues

197(1) Subject to subsections (2) and (3), a zoning by-law adopted under the former Act continues with the same effect as if it had been adopted under this Act.

Deemed amendment of zoning by-law

197(2) A zoning by-law adopted under the former Act that provides that livestock operations involving 300 or more animal units are a permitted use is deemed to be amended to provide that such operations are a conditional use.

Exception for planning scheme

197(3) A planning scheme adopted by a council is in effect only until the council adopts a zoning by-law under this Act.

By-laws and decisions continue

198 A by-law or resolution made by a board or council under the former Act continues with the same effect as if it had been made under authority of this Act.

Permits and orders continue

199 Permits, orders and approvals made or issued under the former Act remain in effect as if they had been made under this Act.

Agreements and contracts continue

200 Agreements and contracts entered into by a planning district or municipality under the former Act that are in force immediately before the coming into force of this Act are continued as if they were made under this Act, subject to any provision of this Act that affects them.

DEVELOPMENT PLAN BY-LAWS AND ZONING BY-LAWS

Development plan by-law deadline

201 A planning district and a municipality that is not part of a planning district have until January 1, 2008 to

(a) adopt a development plan by-law that meets the requirements of Part 4, including a livestock operation policy; or

(b) amend its existing development plan by-law to include a livestock operation policy.

(a) adopt a zoning by-law that meets the requirements of Part 5, within one year after adopting a development plan by-law; or

(b) amend its existing zoning by-law to ensure that it meets the requirements of Part 5 by January 1, 2008.

Exception

202(2) A municipality that is part of a planning district that has adopted a district wide zoning by-law under section 69 is not required to adopt a zoning by-law.

Extension of deadline

203 If the minister is satisfied that a board or council has used its best efforts to comply with section 201 and 202, the minister may, by written notice to the board or council, extend the time for it to comply with those sections.

DEVELOPMENT APPROVAL

Applications before Act in force

204 A development application received by a planning district or municipality before the coming into force of this Act is to be dealt with in accordance with the process in effect in the district or municipality at the time the application was received.

Transitional approval requirements

205 Sections 206 to 210 apply to a planning district or municipality that, after the coming into force of this Act, is not subject to a development plan by-law, a zoning by-law, or both by-laws.

Approval required

206(1) Before any development takes place, the owner of the affected property, or a person authorized in writing by the owner, must apply for approval of the development

(a) to the board of the planning district in which the proposed development is located; or

(b) if the proposed development is not located in a planning district, to the council of the municipality in which the proposed development is located.

Exception

206(2) A planning district or municipality may, by by-law, specify minor developments — other than livestock operations — that do not require approval.

General Development

General development approval

207 An application involving any type of development other than a livestock operation or the subdivision of land is subject to the following approval requirements:

(a) if a planning district or municipality does not have a development plan by-law or a zoning by-law, the application may be approved only if approval of the proposed development is generally consistent with provincial land use policies;

(b) if a planning district or municipality has a development plan by-law but no zoning by-law, the application may be approved only if the proposed development is generally consistent with the development plan by-law;

(c) if a planning district or municipality has a planning scheme but no development plan by-law, the application may be approved only if approval of the proposed development is generally consistent with provincial land use policies and consistent with the planning scheme.

Small-Scale Livestock Operations

Small livestock operation approval

208 An application involving a livestock operation with fewer than 300 animal units is subject to the following approval requirements:

(a) if a planning district or municipality does not have a development plan by-law or a zoning by-law, the application may be approved only if

(i) approval of the proposed operation is generally consistent with provincial land use policies, and

(ii) the proposed operation meets the siting and setback requirements for livestock operations established by regulation;

(b) if a planning district or municipality has a development plan by-law but no zoning by-law, the application may be approved only if the proposed operation

(i) is generally consistent with the development plan by-law, and

(ii) meets the siting and setback requirements for livestock operations established by regulation;

(c) if a planning district or municipality has a planning scheme but no development plan by-law, the application may be approved only if

(i) approval of the proposed operation is generally consistent with provincial land use policies and consistent with the planning scheme, and

(ii) the proposed operation meets the siting and setback requirements for livestock operations established by regulation.

Large-Scale Livestock Operations

Hearings required for large operations

209(1) An application for a livestock operation involving 300 or more animal units must be made and dealt with in accordance with the hearing and approval process set out in Division 2 of Part 7 (Large scale-conditional use livestock operations).

Large operations with no land use planning

209(2) When an application for a livestock operation involving 300 or more animal units is received by a planning district or municipality that does not have a development plan by-law or a zoning by-law, the application may be approved only if

(b) approval of the proposed operation is generally consistent with provincial land use policies; and

(c) the proposed operation meets the siting and setback requirements for livestock operations established by regulation.

Large operations with no zoning by-law

209(3) When an application for a livestock operation involving 300 or more animal units is received by a planning district or municipality that has a development plan by-law but no zoning by-law, the application may be approved only if the proposed operation

(a) meets the applicable tests in subsection 116(1);

(b) is generally consistent with the development plan by-law; and

(c) meets the siting and setback requirements for livestock operations established by regulation.

Large operations with no development plan

209(4) When an application for a livestock operation involving 300 or more animal units is received by a planning district or municipality that has a planning scheme but no development plan by-law, the application may be approved only if

(b) approval of the proposed operation is generally consistent with provincial land use policies and consistent with the planning scheme; and

(c) the proposed operation meets the siting and setback requirements for livestock operations established by regulation.

Subdivision

Subdivision applications

210(1) An application for subdivision approval is subject to Part 8 and to the following approval requirements:

(a) if a planning district or municipality does not have a development plan by-law or a zoning by-law, the application may be approved only if approval of the proposed subdivision is generally consistent with provincial land use policies;

(b) if a planning district or municipality has a development plan by-law but no zoning by-law, the application may be approved only if the proposed subdivision is generally consistent with the development plan by-law;

(c) if a planning district or municipality has a planning scheme but no development plan by-law, the application may be approved only if approval of the proposed subdivision is generally consistent with provincial land use policies and consistent with the planning scheme

Additional requirements

210(2) If a planning district or municipality does not have a development plan by-law and a zoning by-law, the council must, before making its decision,

(a) hold a public hearing to receive representations from any person on the proposed subdivision; and

(b) give notice of the hearing in accordance with section 169.

Additional condition of approval

210(3) If a planning district or municipality does not have a development plan by-law, a zoning by-law, or both by-laws,when a council approves a subdivision application, it may, in addition to the other conditions of approval set out in section 135, require the applicant to enter into a development agreement with the owner of the affected property limiting, regulating or prohibiting an existing or future use of the land or a building.